Benade and Another v Metsimaholo Hospital and Others (86/2013) [2020] ZAFSHC 67 (3 February 2020)

Benade and Another v Metsimaholo Hospital and Others (86/2013) [2020] ZAFSHC 67 (3 February 2020)

The court held that, although the second plaintiff's claim fell within the Regional Court's jurisdiction at the time of summons, the joint representation and intertwined facts justified instituting both claims in the High Court. It would have been impractical and costly to separate the actions. The second plaintiff was entitled to reject the Rule 34 offer, which limited costs to the Regional Court scale, and to negotiate a new settlement at trial. Accordingly, costs for both plaintiffs were awarded on the High Court scale, with the second plaintiff's costs limited up to the date of settlement. The court also ordered that expert witness costs and related expenses be included, and that...

Citation
[2020] ZAFSHC 67
Parties
Plaintiff: A.C Benade; Plaintiff: R.D Coetzee; Defendant: Metsimaholo Hospital; Defendant: MEC for Health, Free State; Defendant: Premier of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 February 2020
Case Number
86/2013
Procedural Posture
Civil Trial / Post Merits and Quantum; Costs Determination
Outcome
Costs awarded to both plaintiffs on High Court scale, with second plaintiff's costs limited to date of settlement; expert witness costs and related expenses included; wasted costs from postponement are costs in the action.
Judges
Van Zyl
Legal Topics
Medical Negligence, Costs Order, Rule 34 Offer, Quantum of Damages
Civil Procedure Delict Medical Negligence Costs Order Rule 34 Offer Quantum of Damages

Case Brief

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Parties

A.C Benade

Plaintiff

R.D Coetzee

Plaintiff

Metsimaholo Hospital

Defendant

MEC for Health, Free State

Defendant

Premier of the Free State

Defendant

Procedural Posture

Civil Trial / Post Merits and Quantum; Costs Determination

Legal Issues

  1. 1 Whether the costs order should be on High Court or Regional Court scale for the second plaintiff after settlement.
  2. 2 Whether the wasted costs from the postponement should be costs in the action.
  3. 3 Whether the plaintiffs are entitled to expert witness costs and related expenses.

Ratio Decidendi

The court held that, although the second plaintiff's claim fell within the Regional Court's jurisdiction at the time of summons, the joint representation and intertwined facts justified instituting both claims in the High Court. It would have been impractical and costly to separate the actions. The second plaintiff was entitled to reject the Rule 34 offer, which limited costs to the Regional Court scale, and to negotiate a new settlement at trial. Accordingly, costs for both plaintiffs were awarded on the High Court scale, with the second plaintiff's costs limited up to the date of settlement. The court also ordered that expert witness costs and related expenses be included, and that...

Court Disposition

Costs awarded to both plaintiffs on High Court scale, with second plaintiff's costs limited to date of settlement; expert witness costs and related expenses included; wasted costs from postponement are costs in the action.

Orders

  • The wasted costs occasioned by the postponement on 16 May 2016 are to be costs in the action.
  • Defendants are ordered to pay the costs of the action pertaining to both plaintiffs, jointly and severally, payment by the one, the other to be absolved, on High Court scale, subject to paragraph 3.